State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-60

§1‑60.  Suit on bonds; defendant may plead satisfaction.

When an action shall bebrought on any single bill or on any judgment, if the defendant had paid themoney due upon such bill or judgment before action brought, or where thedefendant hath made satisfaction to the plaintiff of the money due on such billor judgment in other manner than by payment thereof, such payment orsatisfaction may be pleaded in bar of such action; and where only part of themoney due on such single bill or judgment hath been paid by the defendant, orsatisfied in other manner than by payment of money, such part payment or partsatisfaction may be pleaded in bar of so much of the money due on such singlebill or judgment, as the same may amount to; and where an action is brought onany bond which hath a condition or defeasance to make void the same upon thepayment of a lesser sum at a day or place certain, if the obligor, his heirs,executors or administrators have, before the action brought, paid to theobligee, his executor or administrator, the principal and interest due by thecondition or defeasance of such bond, though such payments were not madestrictly according to the condition or defeasance; or if such obligor, hisheirs, executors or administrators have before action brought made satisfactionto the plaintiff of the principal and interest due by the condition ordefeasance of such bond, in other manner than by payment thereof, yet the saidpayment or satisfaction may be pleaded in bar of such action, and shall be effectualas a bar thereof, in like manner as if the money had been paid at the day andplace, according to the condition or defeasance, and so pleaded. (4Hen. VII, c. 20; R.C., c. 31, s. 101; Code, s. 933; Rev., s. 1522; C.S., s.147(b); 1925, c. 21.)